2016-29691 Reso RESOLUTION NO. 2016-29691
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND THE CITY CLERK TO ACCEPT (1) A UTILITY EASEMENT
FROM LA GORCE ISLAND ASSOCIATION, INC. FOR THE EASTERLY 50
FEET OF LOT 6 OF THE SUBDIVISION OF BLOCK 5 LA GORCE ISLAND
FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF PUBLIC
UTILITIES TO INCLUDE STORM SEWER AND STORMWATER PUMPING
STATION; AND (2) ACCEPTING THE PROFFERED VOLUNTARY
DECLARATION OF RESTRICTIVE COVENANTS TO UTILIZE THE ENTIRE
LOT AS A PASSIVE PARK.
WHEREAS, during the planning of the La Gorce Island Neighborhood Right of Way
Improvement Project, the La Gorce Island Association (HOA) initiated a request to discuss the
proposed location of the City's stormwater system and pumping station; and
WHEREAS, the HOA has selected a vacant parcel that they own as the area best suited for
the City's stormwater system and pumping station; and
WHEREAS, the Public Works Department worked with the HOA and finds the proposed area
selected by the HOA acceptable for the City's stormwater purposes; and
WHEREAS, by providing the easement area, the HOA area would also qualify for a tax
reduction with the Miami-Dade County property appraiser; and
WHEREAS, the Public Works Department seeks authorization from the City Commission to
accept and authorize the attached Easement Agreement providing a public easement to the City, a
copy of which easement is attached hereto, in substantial form, as Exhibit A; and
WHEREAS, the HOA also proffers, under certain reservation of rights, to execute a
declaration of restrictive covenants, utilize the entire lot as a passive park, which would allow for the
removal of the parcel from the tax rolls of Miami-Dade County, a copy of which declaration is attached
hereto, in substantial form, as Exhibit B; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission approve and
authorize the Mayor and the City Clerk to accept (1) a utility easement from La Gorce Island
Association, Inc. for the easterly 50 feet of lot 6 of the Subdivision of Block 5 La Gorce Island for the
installation, operation and maintenance of public utilities to include storm sewer and stormwater
pumping station; and (2) accepting the proffered voluntary declaration of restrictive covenants to
utilize the entire lot as a passive park.
PASSED AND ADOPTED this /Y day off December, 2016.
ATTEST: _' �\ BF,9''��,, hi l?. Levine, Ma�/
4
q-o' APPROVED AS TO
FORM & LANGUAGE
Rafael Granado, City Clerk * INCORP GRATED:
FOR EXECUTION
.......n•. C Attorney Dote
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Resolutions - R7 S
MIAMI BEACH ,
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 14, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
THE CITY CLERK TO ACCEPT (1) A UTILITY EASEMENT FROM LA GORCE
ISLAND ASSOCIATION, INC. FOR THE EASTERLY 50 FEET OF LOT 6 OF THE
SUBDIVISION OF BLOCK 5 LA GORGE ISLAND FOR THE INSTALLATION,
OPERATION AND MAINTENANCE OF PUBLIC UTILITIES TO INCLUDE STORM
SEWER AND STORMWATER PUMPING STATION; AND (2) A VOLUNTARY
DECLARATION OF RESTRICTIVE COVENANTS TO DEDICATE THE ENTIRE
LOT AS A PASSIVE PARK.
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
During the planning of the upcoming La Gorce Island improvement project, the La Gorce Island
Association (HOA) initiated a request to discuss the proposed location of one of the City's
stormwater system and pumping stations. The HOA has selected a vacant parcel that they own
as the area best suited for this aspect of the project.
The Department of Public Works has worked with the HOA and finds the proposed area
selected by the HOA acceptable for the City's stormwater purposes. By providing the easement
area, the HOA area would also qualify for a tax reduction with the Miami-Dade County property
appraiser. The HOA also proffers, under certain reservation of rights, to execute a declaration of
restrictive covenants, utilize the entire lot as a passive park, which would allow for the removal of
the parcel from the tax rolls of Miami-Dade County.
City staff has reviewed the Owners' request and recommends that the City Commission accept
and authorize the easement agreement providing a public easement to the City.
CONCLUSION
The Administration recommends approving the Resolution.
Page 1029 of 1191
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ La Gorce Island - Draft Esmt Config
❑ La Gorce
Page 1030 of 1191
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MIAMI
ACCEPTED BY. REVISED XXXXXXX TITLE:
EASEMENT
PUBLIC WORKS DEPARTMENT Pdye 103LA 1696 RCE ISLAND ASSOC. PROL5NO.
1700 CONVENTION CENTER DRIVE.MLUM BEACH.n..33 130 BRIAN T.BELLINO
CITY SURVEYOR SM-2016D 4
This instrument was prepared by: EXHIBIT B
Name: Anthony De Yurre, Esq.
Bilzin Sum berg Baena Price& Axelrod LLP
Address: 1450 Brickell Ave.
23rd Floor
Miami, Florida 33131
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants(the "Declaration")dated this day of , 2016.
is hereby voluntarily granted by La Gorce Island Association, Inc. (the "Owner") in favor of the City of Miami
Beach, Florida(the "City").
WHEREAS, the Owner holds the fee simple title to the land legally described as Lot 6 in Block 5, of
"SUBDIVISION OF BLOCK 5 LA GORCE ISLAND," according to the Plat thereof, as recorded in Plat Book 44,
at Page 56, of the Public Records of Miami-Dade County, Florida (the "Property") with an address of 6595 Pine
Tree Drive, Miami Beach, Florida(Folio No.02-321 1-006-0050);and
WHEREAS, the Property has been used as a passive private park for over forty (40)years, and the Owner
wishes to continue to maintain the use of the Property as a passive private park;and
WHEREAS, as the passive private park are the Property will not be used and has not been utilized as a
residential lot;and
WHEREAS, the Owner desires to make a binding commitment running in favor of the City to maintain the
Property's use as a passive private park.
NOW THEREFORE, the Owner voluntarily covenants and agrees that the Property shall be subject to the
following restrictions that are intended and shall be deemed to be covenants
Page 1032 of 1191
running with the land and binding upon the Owner of the Property, its successors in interest and assigns, as follows:
1. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by
reference thereto and incorporated herein as if fully set forth herein.
2. Use of the Property shall be restricted to a passive private pack,and operated at the sole expense ofthe
Owner,
3. No habitable structures may be erected on the Property.
4. Only those uses consistent with a passive park shall be permitted, including but not limited to:
walking paths,jogging paths,seating,tables,gazebos or other shade structures,general recreation, and playgrounds.
5. Owner shall also be permitted to have parking spaces and park automotive vehicles on the
Property to accommodate persons who desire to use the Property.
6. A utility easement in favor of the City shall be separately recorded against a portion of the passive
private park. During construction, and during any material repairs to the utilities, the City shall be entitled to stage
construction on the entirety of the passive private park. The City shall be obligated to restore the passive private park
to previous or better conditions upon the completion of construction or material repairs. The term of construction is
estimated to be no more than 18 months from start of construction.
7. This voluntary Declaration shall remain in full force and effect and shall be binding upon the
Owners of the Property,their successors in interest and assigns for an initial period of thirty(30)years from the date
this instrument is recorded in the public records, and shall be automatically extended for successive periods of ten
(I 0) years, unless modified, amended or released prior to the expiration thereof.
8. This Declaration may be modified, amended or released as to any portion of the Property by a
written instrument executed by the then Owners of the fee-simple title to the land to be affected by such
modification, amendment or release providing that same has been approved by the City of Miami Beach City
Commission, at a public hearing, which public hearing shall be applied for by and at the expense of the Owners.
Should this instrument be so modified, amended or released the City Manager, or his successor, or other
administrative officer with jurisdiction over the matter, shall execute a written instrument in recordable form
effectuating and acknowledging such modification,amendment or release.
9. Invalidation of any provision of this Declaration by judgment of Court shall not affect any of the
other provisions of this Declaration,which shall remain in full force and effect.
10. This Declaration shall be recorded in the Public Records of Miami-Dade County, Florida, at the
cost of the Owners.
11. It is understood and agreed that Pa ge 033 of the City of Miami Beach has the right at any time
during normal business hours of entering and investigating the use of the Property, to determine whether the
conditions of this Declaration and the requirements of the City's building, zoning and land development regulations
are being complied with.
12. An action to enforce the terms and conditions of this Declaration may be brought by the City and
may be, at law or in equity, against any party or person violating or attempting to violate any provision of this
Declaration or provisions of the building, zoning or land development regulations, either to restrain violations or to
recover damages. The prevailing party in the action shall be entitled to recover costs and reasonable attorneys'
fees, at all levels of trial and appeal. This enforcement provision shall be in addition to any other remedies available
under the law.
13. This Declaration shall run with the land and remain in full force and effect subject to the terms
thereof, and shall be binding upon the Owner of the Property, its successors in interest and assigns.
14. This Declaration shall be recorded in the Public Records of Miami-Dade County, Florida, at the
cost of the Owner. •
15. Each and all of the covenants, obligations and rights granted or created under the terms of this
Agreement are appurtenant to the Property. The provisions hereof shall run with the land, shall be binding on and
shall inure to the benefit of the parties hereto,their successors and assigns.
[Signatures and acknowledgements appear immediately following.
Remainder of page intentionally blank.]
Page 1034 of 1191
IN WITNESS WHEREOF, the undersigned have set their hands and seals on the date written above.
Witnesses: LA GORCE ISLAND ASSOCIATION, INC.
I3y:
Print Name:
Title:
STATE OF FLORIDA )
)SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this day of , 2016
by . He/She personally appeared before me, is personally known to me or produced_
as
identification, and did/did not take an oath.
[NOTARIAL SEAL]
Notary:
Print Name: _Notary Public, State of
My commission expires:
APPROVED AS TO
FORM & LANGUAGE
&(F R XECUTION
.Q -1�� � ( 30 CL
City Attorney Dote di,
Page 1035 of 1191
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